DINESH Vs. COLLECTOR, NAGPUR

JUDGEMENT

(1.) RULE. Rule made returnable forthwith.

(2.) The petitioner, Director and Chairman of the Agriculture Produce Market Committee, Katol, has filed this writ petition challenging the resolution passed in the special meeting of the respondent no.16 Committee on 26.12.2013 by which the NoConfidence Motion is passed against the petitioner.

(3.) It is the case of the petitioner that the respondent nos.13, 14 and 15 did not attend the meetings of the respondent no.16Committee on 10.10.2013, 09.11.2013 and 12.11.2013 and, therefore, in the meeting held on 12.11.2013, after discussion, the Secretary of the respondent no.16Committee was directed to take note of it and to give intimation about it to the concerned authorities. According to the petitioner, the Secretary had not taken any action in the matter and, therefore, by the letter dated 21.11.2013, the petitioner had given intimation to the incharge Secretary to give information about the absence of the respondent nos.13, 14 and 15 from three consecutive meetings to the concerned authorities. According to the petitioner, the respondent nos.13, 14 and 15, after getting knowledge of the steps taken by the petitioner, started instigating other members of the respondent no.16Committee to move the NoConfidence Motion against the petitioner and accordingly, the respondent nos.13, 14 and 15 moved a requisition under Section 23A of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (hereinafter referred to as 'the Maharashtra Act XX of 1964) to the District Deputy Registrar, Cooperative Societies, Nagpur for convening the special meeting on 28.11.2013. The special meeting is held on 28.11.2013 and the NoConfidence Motion is passed against the petitioner by the resolution signed by 13 out of 18 members of the respondent no.16 Committee. According to the petitioner, the resolution is illegal and unsustainable in law and, therefore, the petitioner has approached this Court.